E 98 

.17 U5 



2>1 



61ST CONGKESS, 

3d Session. 



SENATE. 



j Document 
( No. 767. 



SUPPRESSION OF THE LIQUOR TRAFFIC AMONG INDIANS. 



LETTER 

FROM 

THE SECRETARY OF THE INTERIOR, 

TRANSMITTING, 

IN RESPONSE TO SENATE RESOLUTION OF JANUARY 13, 1911, A 
REPORT OF THE CHIEF SPECIAL OFFICER FOR THE SUPPRES- 
SION OF THE TRAFFIC OF INTOXICANTS AMONG INDIANS. 



January 19, 1911. — Referred to the Committee on Indian Affairs and ordered to be 

printed. 



Department of the Interior, 

Washington, January 18, 1911. 
Sir: In compliance*" with Senate resolution of January 13, calling 
for a report of the chief special officer for the suppression of the traffic 
in intoxicants among Indians, I have the honor to transmit said 
report herewith. 

Respectfully, R. A. Ballinger, 

Secretary. 

Hon. Charles G. Bennett, 

Secretary of the Senate. ' 



Department of the Interior, 
United States Indian Service, 

Denver, Colo., August 15, 1910. 
*fSra: I have the honor to submit a report of the operations con- 
ducted under your direction by me, looking to the suppression of the 
liquor traffic among the Indians during the fiscal year ending June 
30, 1910. 

This completed the second vear of an attempt to cover the entire 
field in these operations. While the appropriation for this purpose 
began in 1907, the operations for the first two years were confined 
almost entirely to the Indian Territory and Oklahoma. The reason 



$ SUPPRESSION OF THE LIQUOR TRAFFIC AMONG INDIANS. 

for this was twofold: First, the conditions in that section were 
considerably more acute than anywhere else; and, second, the 
appropriation was not sufficient for effective operations over a widely 
extended field. 

The appropriations for this service from the beginning have been 
as follows: 

lfer - $25,000 

1908 1 28,500 

1909 40,000 

1910 50,000 

1911 2 80,000 

In 1908 the appropriation became exhausted before the end of the 
fiscal year. Congress thereupon supplemented our resources by 
appropriating $3,500 additional in the urgent deficiency bill. In 

1909 the amount appropriated was $40,000. This, also, was insuffi- 
cient to meet the demands, and all officers were laid oM about a 
nionth before the year ended. In 1910 the appropriation was raised 
to $50,000, and it became apparent that this amount would be 
exhausted before the close of the fiscal year. Congress, however, 
increased the appropriation for 1911 to $80,000, of which $10,000 
was made immediately available. We were therefore enabled to 
complete creditably our planned operations for the fiscal year 1910. 



ORGANIZATION. 

During the past two years the headquarters of the service, under 
this appropriation, have been located at Salt Lake City, Utah. By 
your direction, on July 20, 1910, these offices were removed to Den- 
ver, Colo., in order to be in closer touch with other branches of the 
Indian field service operations. 

Ten special officers were engaged in these operations during the 
fiscal year 1910. These officers received a salary of $1,200 per year, 
besides $3 per day in lieu of subsistence, and traveling and incidental 
Expenses. Officers of this class are constantly on the move from 
place to place, preference being given to reservations and Indian 
localities where troubles appear to be most urgent. The work of the 
special officers has been supplemented by 107 deputies. These dep- 
uties are paid fees for arrests and convictions, and occasionally are 
paid a per diem, when assigned to specific duty. Such deputies are 
chiefly made up of local sheriffs, deputy sheriffs, constables, railway 
detectives, etc., who are located convenient to Indian reservations, 
and who are so situated as to assist in our operations locally with a 
minimum expenditure of time and money. Many of these deputies 
are appointed for temporary service of a few days only. This was 
particularly true in Minnesota. 

The following list gives a synopsis of our organization for the year: 



1 Of this $3,500 was contained in the urgent deficiency bill. 

2 Of this $10,000 was '•' immediately available" for use in 1910. 



SUPPRESSION OF THE LIQUOR TRAFFIC AMONG INDIANS. 



3 



Suppression of liquor traffic among Indians. 
[Headquarters: Salt Lake City, Utah.] 

Chief special officer ($3,000 per year), William E. Johnson, California. 
Financial clerk (§1,200 per year), Maud Russell, Illinois. 
Special officers ($1,200 per year each): 

William S. Lowe, 1 Oklahoma. 

Elmer E. Kinnett, California. 

Sam Cone, Oklahoma. 

Joe J. Matulys, Oklahoma. 

Harold F. Coggeshall, District of Columbia. 

Jesse E. Flanders, North Dakota. 

William W. Thomason, Oklahoma. 

Thomas E. Brents, Oklahoma. 

Charles C. Brannon, Oklahoma. 

Andrew G. Pollock, 2 Colorado. 
Deputies (paid in fees and per diem), 107, distributed as follows: 



Arizona 7 

California 15 

District of Columbia 1 

Idaho 9 

Illinois 1 

Iowa . 5 

Maryland 1 

Minnesota 16 

Montana 2 

Nebraska 5 

Nevada 5 

New Mexico 3 

New York 2 

North Carolina 2 

Oklahoma 9 

South Dakota 2 

Texas 3 

Utah. 4 

Washington 7 

Wisconsin 3 

Wyoming 5 

Total ... 107 



It has been the plan of the service to recruit the special officers 
from the ranks of the deputies who have shown especial fitness and 
efficiency in these operations. The character of our service is such 
that peculiar qualifications are necessary in order to insure efficiency. 
It is not a police service, but a detective service; and men qualified 
to become high-class operatives are exceedingly rare. We have been 
fortunate for the most part in securing such men, but those who 
have been exceptionally successful have undergone a thorough 
training through and have arisen from the ranks of the deputies. By 
following this policy, we have been able to assort out the exceptional 
men with a minimum of expenditure. Not more than one in twenty 
of the men appointed as deputy special officers show the fitness 
which I deem requisite for a successful special officer. Such men 
are rare. 

A special officer costs this appropriation in salary, per diem, travel- 
ing expenses, and necessary incidentals, including the hire of possemen, 
approximately $3,500 per year. I therefore do not regard it wise to 
appoint any man as special officer until he has gone through a vigor- 
ous and extended " trying-out" process as a local deputy. 



1 Resigned. 



2 Transferred. 



4 



SUPPRESSION OF THE LIQUOR TRAFFIC AMONG INDIANS. 



Salaries and expenses of regular officers suppressing liquor traffic among Indians during 

fiscal year 1910. 

William E. Johnson 598. 58 

Thomas E. Brents J ^87. 15 

Jesse E. Flanders V ,A 1 

Elmer E. Kinnett %> 

Sam Cone |> 170. 41 

JoeJ.Matulys . .. 2, 998. 16 

Harold F. Coggeshall I'fm'll 

Charles C. Brannon A \" 

WilliamS. Lowe 2 > 414.19 

William W. Thomason !> ^90. 52 

Andrew G. Pollock 724 - 68 

Total - - - - 31,491.96 

Many of the deputies have shown a marked fitness for certain 
classes of work. In some places we have operated almost exclusively 
on a fee basis. Deputy Charles F. Ward, who is also under sheriff of 
San Bernardino County, Cal., a county approximately the size of the 
State of New York, has been exceptionally successful in fee operations. 
San Bernardino is a sort of rendezvous for the Indians of southern 
California, and Mr. Ward, by an arrangement for the division of the 
fees earned with other deputies, policemen, etc., has successfully 
created havoc with the Indian whisky business in that whole section 
of the State. A similar arrangement that has been largely successful 
has been carried out by J. D. Hillhouse, of Reno, Nev. Mr. Hillhouse 
is also city detective of Reno. Carl Hay den, sheriff of Maricopa 
County, Ariz., has also been exceptionally successful along these 
lines. The fees paid to deputy special officers are as follows: 

For a seizure of liquors on Indian reservations amounting to from 1 quart to 5 
gallons, where no arrest is made - - - ■ - - - - - - - $2. 50 

For a seizure of liquors on Indian reservations amounting to more than 5 gallons, 
where no arrest is made . • -. 5 - 00 

For an arrest for selling intoxicating liquors to Indians, or introducing same 
upon an Indian reservation, which arrest leads to the. binding of the prisoner 
over to the Federal grand jury - - - - : --------- - - 5. 00 

For the final conviction of such an offender, an additional fee will be paid oi. . 10. 00 

For a conviction of a person guilty as above, in any State or local court 10. 00 

These fees are paid whether the arrest is made by the deputy 
special officer in person or whether he simply works up the case and 
causes the arrest to be made by a deputy marshal or State officer. 



EXPENDITURES . 



The funds available for this service during the fiscal year amounted 
to $60,000. Of this $50,000 was provided for in the regular appro- 
priation for the year. The sum of $10,000 was added m the appro- 
priation bill for the fiscal year 1911 and was made " immediately 
available." Of this total amount the sum of $56,462.98 was expended 
from this office. The balance, $3,537.02, becomes available for use 
during the fiscal year 1911. 

The following is a summary of the year's financial operations: 



SUPPRESSION OF THE LIQUOR TRAFFIC AMONG' INDIANS. 5 

Fiscal year ended June 30, 1910. 

Amount appropriated, suppression of liquor traffic among Indians, 1910.. $50, 000. 00 
Amount appropriated, suppression of liquor traffic among Indians, 1910 

and 1911, immediately available 10, 000. 00 

Total appropriated 60, 000. 00 

Amount expended 56, 462. 98 

Unexpended balance 3, 537. 02 

of balance. 



Suppression of liquor traffic among Indians, 1910 .43 

Suppression of liquor traffic among Indians, 1910 and 1911, available for 
use during fiscal year 1911 3, 536. 59 

Analysis of expenditures. 





Chief 
special 
officer. 


Special 
officers. 


Deputies 

and 
possemen. 


Financial 
clerk. 


Total. 




$2,601.39 


§10,041.32 




$1,200.00 


$13,842.71 
9,778. 12 
12,846. 00 
15, 634. 53 
3,304. 75 
45. 00 
195. 99 
365.00 
335. 26 
115. 62 




$9,778. 12 
4, 262. 75 
5, 386. 91 
3, 304. 75 


Per diem in lieu of subsistence 


1,041.00 
1,956. 19 


7,542. 25 
8,291.43 














45. 00 
195. 99 
365. 00 
335. 26 
115. 62 














Surveying and maps 

Office expenses, viz, rent, light, and janitor. 






















Total 








6, 655. 45 


25,875.00 


22,732. 53 


1,200. 00 


56, 462. 98 





The following table gives a survey of the expenses and earnings of 
all deputies who have been especially active: 



Earnings and expenses of the principal deputies. 



■ 


Reward. 


Per diem. 


Subsist- 
ence. 


Traveling 
expenses. 


Total. 






$770. 00 


$519. 75 


$929. 98 


$2, 219. 73 






1, 065. 00 
772. 00 


348. 00 


748. 77 


2, 161. 77 






600. 00 


497. 48 


1,869.48 






635. 00 


475. 50 


719. 94 


1, 830. 44 


Chas. F. Ward 


$1,350. 00 






34. 64 


1, 384. 64 




751. 00 


267. 00 


298. 22 


1,316. 22 






570. 00 


336. 00 


168. 13 


1, 074. 13 






377. 00 


271. 50 


228. 77 


877. 27 


J. D. Hillhouse 


795. 00 








795. 00 




401. 50 


285. 00 




686. 50 


N. A. Way 


48. 50 


180. 00 


96. 00 


123. 33 


447. 83 




205. 00 


45.00 


28. 50 


79.25 


357. 75 




254. 00 








254. 00 




15. 00 


125. 00 


75. 00 


38. 45 


253. 45 




175. 00 


25.00 






200. 00 


N. J. Holgate 


97.25 


79.00 




19. 20 


195. 45 




180. 00 




7. 45 


187. 45 




125. 00 


40. 00 






165. 00 




125. 00 


32.50 






157. 50 


R. E. Williams 


30. 00 




112. 42 


132. 42 






105. 00 






105. 00 






65. 00 


26. 00 


8. 70 


99.70 






65.00 


26. 00 


7. 90 


98. 90 






55. 00 




11.35 


66. 35 


Noel Bullard 




40.00 




22. 65 


62. 65 








46.70 


46. 70 






45.00 






45.00 






40. 50 






40. 50 






35.00 






35. 00 






7.50 


12.20 


19.70 















6 



SUPPRESSION OF THE LIQUOR TRAFFIC AMONG INDIANS. 



INDIAN EMPLOYMENT. 

In conducting these operations we have, wherever practicable, 
employed Indians. We have endeavored to develop Indians into 
a ntness for this service, and in a considerable measure this has been 
a success. The Indian, with a little coaching and patience, develops 
into a successful officer for certain kinds of operations. It has been 
the purpose to inculcate into the Indian mind that this is a work for 
his own protection, and for no other purpose; and the Indian seems 
to appreciate the idea. This plan has been so successful that more 
than 10 per cent of our appropriation for the year has been paid out to 
Indians for services as posse men, deputies, scouts, interpreters, etc. 
The total amount of the earnings of these Indians for the year was 
$5,644.25. The total number of Indians thus employed was 199, 
distributed as follows: 

States from which employed. 



Arizona 3 

California 50 

Idaho 5 

Iowa 12 

Minnesota 12 

Montana 11 

Nevada 2 

Nebraska 25 

New Mexico 2 

New York 4 

North Dakota 3 

Oklahoma 3 

Oregon 3 

South Dakota 7 

Utah 5 

Washington 15 

Wisconsin 35 

Wyoming 2 

Total 199 



In connection with the employment of Indians and the treatment 
of Indian witnesses, we have successfully raised the value of Indian 
testimony immensely. In some localities juries were disinclined to 
accept Indian testimony unless it was corroborated by that of a white 
man. To combat this bar to successful prosecutions, as well as to 
inculcate self-respect in the Indian, I have held the Indian strictly 
responsible for his statements in court in precisely the same way that 
a white man is held responsible. I have not hesitated to throw an 
Indian into jail and prosecute him for perjury when he deliberately 
gave false testimony. The Indians are quick to understand, and 
appreciate this treatment. The result is that in nearly every locality 
in the United States where we have operated Indian testimony is 
accepted almost on a par with that of the white man. 

ARRESTS AND CONVICTIONS. 

We began operations July 1, 1909, with 534 cases pending. During 
the year we made 1,657 arrests, making a total of 2,119 cases handled 
during the year. The following tabulation shows the disposition of 
these cases: 



SUPPRESSION OF THE LIQUOR TRAFFIC AMONG INDIANS. 9 

Disposition of cases. 

Convicted l ^ 

Acquitted 

Dismissed • £ 

Died \ 

Went insane * 

Total cases disposed of *i JBJ 

Cases pending July 1, 1910 » d4 

Of those convicted, 49 were sentenced to terms in the penitentiary, 
566 were given jail sentences, and the balance were fined. Of those 
sentenced to imprisonment practically all were assessed a small 
fine besides, carrying with it the payment of costs. The fines im- 
posed amounted to $69,610.75, the greater portion of which were 
actually collected. In the States of Wisconsin, Oklahoma, ^ew 
York, Washington, Montana, and Idaho nearly all of the fines were 
actually collected. In the far Southwest, particularly m Arizona 
and Southern California, the fines were largely laid out m jail, the 
offenders being chiefly made up of ignorant, vicious Mexicans and 
halfbreeds. One man was returned to the penitentiary from parole, 
and one, captured by Officer Coggeshall, was sentenced to be hanged 
September 16. The following tabulation gives the punishments 
imposed in detail by States: 

Aggregate of fines and sentences of imprisonment. 



State. 



Arizona 

California 

District of Columbia. 

Idaho 

Iowa 

Minnesota 

Missouri 

Montana 

Nebraska 

Nevada 

New Mexico 

New York 

North Carolina 

North Dakota 

Oklahoma 

Oregon 

South Dakota 

Utah 

Washington 

Wisconsin 

Wyoming 



Total. 



Fines. 



$8,848. 00 
7, 285. 00 
50. 00 
2,245.00 
5,575.00 
1,500. 00 
100. 00 
5,810. 00 
520. 00 
5,225.00 
1,550. 00 
1,400. 00 
5.00 
24. 75 
13,405.00 
390. 00 
620. 00 
60. 00 
2,930. 00 
12, 168. 00 
200. 00 



Jail sentences. 



Years. Months. Days 



,610.75 



126 



Five years in reform school 



Penitentiary sentences. 



Years. Months. Days 



20 24 
28 



0) 



12 



0) 



SG 



8 



SUPPRESSION OF THE LIQUOR TRAFFIC AMONG INDIANS. 



In detail, the jail and penitentiary sentences were distributed as 
follows as to States: 



• States. 


Jail. 


Peniten- 
tiary. 


States. 


Jail. 


Peniten- 
tiary. 


Arizona 


62 
121 
19 
43 
13 

2 
33 

6 
50 
10 

9 


21 
2 


North Dakota 


12 
83 
2 
1 




California 


Oklahoma 




Idaho 


Oregon 




Iowa 


1 


South Dakota 


1 
1 

7 


Minnesota 


Utah 


Missouri. 






29 
69 
2 


Montana 


3 


Wisconsin 


Nebraska 


Wyoming 


2 




8 


Total 


New Mexico 


566 


49 


New York 


3 





The following table shows the arrests and convictions for the year, 
classified by offenses: 



Arrests and convictions. 



Charges. 



Arrests. 



Convic- 
tions. 



Selling liquor to Indians 

Introducing liquor in Indian country 

Selling liquor without license 

Drunk, disorderly, and petty offenses 

Violating revenue laws 

Transporting liquors illegally 

Perjury 

Selling opium to Indians 

Unlawful possession of liquors 

Horse stealing 

Gambling with Indians 

Petit larceny 

Maintaining a nuisance 

Rape 

Violating "section 2149, R. S .............. . 

Subornation of perjury 

Drinking on railway trains 

Murder 

Assault with intent to murder 

Misbranding liquors 

Bribing jury 

Adultery 

Obtaining money from Indians under false 

Aggravated assault 

Assault with deadly weapon 

Burglary 

Interfering with an officer 

Accessory to murder 

Total 



1,073 


722 


147 


41 


184 


94 


160 


144 


13 


3 


12 
9 


9 


7 


6 
4 


6 


5 


5 


2 


4 


1 


4 


4 


7 


7 


3 


1 


3 


2 


3 


1 


2 


1 


2 


2 


2 


2 


2 






1 




1 




1 




1 



1,657 



1,055 



SUPPRESSION OF THE LIQUOR TRAFFIC AMONG INDIANS. 9 



The arrests and convictions, by States, were as follows: 



States. 


Arrests. 


Indict- 
ments. 

■ 


Convic- 
tions. 




279 


86 


223 




265 


31 


233 




I 


\ 


1 




81 


37 


27 




62 


71 


92 




1^ 








AA 


18 


13 








2 








34 




48 


8 


8' 
59 




82 


49 




24 


g 


18 




68 


67 


14 




1 




1 




29 


1 


12 




182 


6 


112 




9 


4 


6 




18 


3 


4 




7 




3 




102 


28 


46 
143 




279 


259 




15 


9 


4 




1,657 


747 


1,055 









It will be noted that as against 1,055 convictions during the year 
we have had but 22 acquittals at the hands of juries. The juries all 
over the country have neen exceptionally responsive to these cases, 
and very rarely will the average jury acquit of selling to an Indian 
where the evidence warrants conviction. I have been very careful to 
present no cases to a trial jury except where the evidence abundantly 
warranted conviction. The cases which were dismissed, numbering 
272, include all cases dismissed, whether by the United States com- 
missioners, grand juries, or United States attorneys. Comparatively 
few were dismissed by the United States attorneys, for the reason that 
the grand juries and United States commissioners sifted out most of 
the cases where the evidence did not warrant prosecution. An excep- 
tion to this is 67 cases which were dismissed by the United States 
attorney for the western district of Wisconsin. These offenders were 
all indicted for selling liquor to two Indians, who were shown later to 
be citizens under the Burke Act. For this reason it was thought best 
not to invite defeat by bringing these cases to trial. The cases were 
not transferred to the State courts for the reason that the offenses took 
place in localities where the officers were devoting their energies 
largely to defeating the efforts of the Government to prevent the sale 
of liquor to Indians. 

The cases classed as "convicted," numbering 1,055, include those 
who entered pleas of guilty and pleas of nolo contendere and paid 
their fines. These later pleas were entered in a number of cases in 
Wisconsin and New York. It has been our ambition to create the 
impression among lawbreakers that when an offender is caught by one 
of our officers he is sure to be convicted. The record of convictions 
for the year is more than 98 per cent of the cases which came to an 
issue. 

As a rule the Federal courts have given, in cases of convictions, 
sentences that were adequate and effective, and in very few cases, 
outside of Wisconsin, have sentences been suspended. In Wisconsin 
there were 51 suspended sentences. In my judgment, the situation 



10 



SUPPRESSION OF THE LIQUOR TRAFFIC AMONG INDIANS. 



as to selling liquor to Indians is more deplorable in Wisconsin 
than in any other State in the Union. We have prosecuted vigor- 
ously there and multiplied cases, making 279 arrests during the year. 
The grand juries responded promptly with indictments; the trial 
juries were quick to convict, but in practically every case the court 
assessed a nominal punishment, and in 51 cases suspended the 
enforcement of even that. It is my judgment that the refusal of the 
Federal court to inflict proper punishment in the great majority of 
cases in that State is responsible for the deplorable condition of the 
Wisconsin Indians. 

The following tabulation gives a further view of the operations in 
these cases: 

Other details. 



States. 


Acquit- 
ted. 


Dis- 
missed. 


Hung 
jury. 


Died. 


Went 
insane. 


Es- 
caped. 


Bond 
for- 
feited. 


Sus- 
pended 

sen- 
tence. 




6 
1 


37 
16 










1 

3 


4 

5 




2 






1 










2 


45 
14 


1 




1 
1 




4 
1 


2 
6 




2 


1 












1 
10 

2 
11 
10 

2 
3 

23 
2 
3 
2 
9 

85 
5 










1 




Montana 


1 


























Nevada 


6 
3 
3 






1 


















4 

8 






















5 
2 


1 

6 




1 




2 














South Dakota 
















Utah 










1 

2 












2 




2 


1 

51 










Wyoming 












1 


Total 














23 


280 


3 


6 


3 


12 


20 


81 





In this report, no statistics for arrests or prosecutions are given, 
except those for which this service was directly responsible. Many 
superintendents and other field officers have instituted prosecutions 
and secured convictions which are not reported to this office, with 
which we have had little or nothing to do, and which are not included 
herein. 

SEIZURES. 

Section 2140, Revised Statutes, provides for the seizure and sum- 
mary destruction of ardent spirits and wine found within the Indian 
country. The same section provides for the selling, under libel pro- 
ceedings, certain contraband goods, teams, wagons, etc., used in 
transporting liquors into the Indian country. 

During the year our special officers and deputies seized at total of 
35,883 pints of liquor. Of these seizures, 23,788 pints were ardent 
spirits and wine, which were summarily destroyed. The balance, 
amounting to 12,095 pints, consisted of malt liquors, which were 
either sold or are now in process of condemnation in libel proceedings. 

The accompanying table shows the seizures in detail: 



SUPPRESSION OF THE LIQUOR TRAFFIC AMONG INDIANS. 11 



Seizures. 



States. 


Whisky. 


Alcohol. 


Malt 
liquor. 


Wine. 


Miscel- 
laneous. 


Total. 




Pints. 
9i 
12 
111 
10,942* 
100 
360 
62J 
10 
6,929 
34 
80 
15 
20 


Pints. 


Pints. 
108 
2 
12 
6,817 
722 


Pints. 
23 


Pints. 

2 
6 
1 

1,299 


Pints. 
1424 
20 
124 
23,05% 
822 
364 
Hi 
20 
11,539 
34 
80 
15 
23 














3,613 


384 






4 








6 
10 
4,418 




3 










38 


16 


138 
















2 




1 




Total 


18, 685| 


3,657 


12,095 


424 


1,449 


36,310! 





During the year three teams, harness, and wagons were seized 
while being used for transporting liquor into the Indian country, and 
were sold under condemnation proceedings. One illicit still was cap- 
tured of a capacity of 20 gallons per day. One slot machine and one 
cash register were seized and turned over to the local authorities in 
Oklahoma. A gambling game was raided in Minnesota, and the 
jack pot, amounting to $40 in cash, was seized, the owners thereof 
fleeing into the darkness. This money is being held awaiting the 
owners to call for the same. A few hundred dollars' worth of opium, 
yenshe, and opium pills were captured and destroyed in Nevada and 
California. During the year 8,000 peyotes were seized from Indians 
and destroyed. 

SPECIAL OPERATIONS. 

Under dates of November 19 and November 28, 1908, you called 
my attention to the especially deplorable situation existing among the 
Indians of Minnesota, in which State I had at that time conducted no 
operations. After various conferences with the United States attor- 
ney for Minnesota and others concerned in the matter, it was deemed 
most practicable to institute operations under article 7 of the treaty 
with the Chippewa Indians, approved February 22, 1855 (10 Stat., 
1165), which reads: 

The laws which have been or may be enacted by Congress regulating trade and 
intercourse with the Indian tribes, to continue and be in force within the several 
reservations provided for herein; and those portions of said laws which probibit the 
introduction, manufacture, use of, and traffic in ardent spirits, wines, or other liquors 
in the Indian country shall continue and be in force within the entire boundaries 
of the country herein ceded to the United States until otherwise provided by Congress. 

This treaty was called to the attention of the Attorney General 
on May 29, 1905, for an opinion as to whether it was still valid, and 
whether operations could be conducted in the territory ceded by 
this treaty under section 2139, R. S., as amended, and under section 
2140, R. S. The Attorney General decided in the affirmative. 
(Opinions of the Attorney General, vol. 25, p. 413 et seq.) 

The territory covered by this and treaties containing similar 
clauses comprises most of the northern half of the State of Minne- 



12 SUPPRESSION OF THE LIQUOR TRAFFIC AMONG INDIANS. 

sota, in which towns had grown up inhabitated largely by citizen 
whites, commingling with the Indians. 

Prior to our instituting operations, Mr. F. W. Zollman, general 
counsel for the Minnesota State Brewers' Association, visited the towns 
in the vicinity of the White Earth and Leech Lake Indian Reserva- 
tions, and secured written pledges from the various saloon keepers to 
cease selling to Indians. These pledges were almost invariably 
ignored and dishonored by the liquor dealers. The local authorities, 
for one reason or another, were not disposed to effectively protect the 
Indians under the State law, which State law makes it a felony to sell 
liquor to any person of Indian blood. 

Inasmuch as practically all of the Indians of Minnesota, with the 
exception of the Red Lake Indians, are citizens, we were therefore 
unable to prosecute liquor dealers for selling to these Indians in the 
Federal courts. A situation was therefore created whereby the 
Government was obliged to invoke the powers conferred upon it by 
this treaty or abandon the field entirely and leave 10,000 Indians to 
their fate. We chose the former alternative, and in August, 1909, 
notice was served by Supt. John R. Howard, of White Earth Reser- 
vation, upon all the saloon keepers of that reservation, that the 
treaty of 1855 would be enforced in that district, and they were 
given 30 days in which to wind up their business and remove their 
stocks of liquor outside of that reservation. 

All of the liquor dealers obeyed with the exception of eight — two 
at Waubum, two at Calloway, and four at Mahnomen. Accordingly, 
on October 6, 1909, all of these saloons were raided, at the same hour 
of the day, by myself, deputies, and Indian policemen. All ardent 
spirits and wine found therein, amounting to about 2,000 gallons, 
were seized and destroyed. 

At Mahnomen the local authorities resisted and interfered. They 
finally swore in 45 deputy sheriffs to stop our operations by force. 
These deputies were held at bay by myself and posse until the liquors 
were destroyed, whereupon we submitted to arrest. We promptly 
applied for writs of habeas corpus through the United States attorney, 
and were released by the Federal district judge, Page Morris, who 
ruled that the treaty under which we were operating was still in 
force, and that it was our duty to proceed under sections 2139 and 
2140, Revised Statutes, as we had done. The saloon keepers who 
resisted were afterwards indicted by the Federal grand jury, were 
convicted, and sentenced to terms in jail. 

Since that time it has been necessary to extend from time to time 
the zone of our operations in Minnesota, in order to protect the 
Indians, until about 125 saloons have been closed in this territory. 
The results have been unexpectedly favorably, not only in the dis- 
tricts where the saloons have actually been closed, but throughout all 
parts of the State where Indians live. In a letter dated February 1, 
1910, Assistant United States Attorney E. S. Oakley, commenting 
upon the present improved conditions, said: 

On the whole, I think the situation in Minnesota is in good condition, and if anyone 
a year ago had prophesied as to the results you have accomplished, it would have 
been the universal opinion that in order to produce such results you must have been 
possessed of the power to perform miracles. 



SUPPRESSION OF THE LIQUOR TRAFFIC AMONG INDIANS. 



13 



COURT DECISIONS. 

During the year substantial progress has been made in court deci- 
sions. 'I he principal ones are those rendered by the United States 
Supreme Court in the case of the United States v. Celestine, and in the 
case of the United States v. Sutton. r l he act of Congress approved 
January 30, 1897 (29 Stat. L., 506), forbids the selling or furnishing 
of liquors ' ' to anv Indian to whom allotment of land has been made 
while the title of the same shall be held in trust by the Government, 
or to any Indian a ward of the Government under the charge of any 
superintendent or agent, or to any Indian, including mixed bloods, 
over whom the Government, through its departments, exercises 
guardianship." 

The same act provides a punishment for "any person who shall 
introduce or attempt to introduce any malt, spirituous, or vinous 
liquors, including beer, ale, and wine, or any ardent or intoxicating 
liquor of any kind whatsoever, into the Indian country ; which term 
shall include any Indian allotment while the title to the same shall 
be held in trust by the Government, or while the same shall be inalien- 
able bv the allottee, without the consent of the United States." 

Until May 8, 1906, all Indians when allotted were made citizens 
bv the act of February 8, 1887. 

'in 1905 the United States Supreme Court decided (in re Heff) that 
that part of the act of 1897 which forbade selling to an allotted Indian 
was inoperative, for the reason that this legislation was police legis- 
lation; that an allotted Indian was a citizen, and as such was under 
the exclusive police powers of the State, police powers being reserved 
to the States bv the Constitution. 

This raised some doubt as to the constitutionality of that part 
of the act of 1897 which forbade the introducing of liquor upon an 
Indian allotment while the same was held in trust by the Govern- 
ment, Three United States district courts decided that this part of 
the act was inoperative, for the same reasons that the clause forbid- 
ding the selling of liquor to allotted Indians was inoperative. 

At the same time the whole question of Federal police jurisdiction 
over allotted Indian reservations was up in the air. This situation 
was cleared by the decision of the United States Supreme Court (No. 
235) in the Celestine case. Celestine was an Indian of the Tulalip 
Reservation who had been made a citizen by the operations of the 
act of 1887. He assaulted and mortally wounded Mary Chealco, 
another Indian, the act taking place upon an Indian allotment. 
The defendant entered the plea that the murdered woman was a 
citizen, that the offense took place upon an allotment of land, patent 
therefor having been received, and that the Federal courts had 
therefore no jurisdiction. The Government demurred to the plea 
and the district court overruled the demurrer. The Government 
appealed to the United States Supreme Court on a writ of error 
This court sustained the contention of the Government and upheld 
the jurisdiction of the Federal courts upon Indian allotments withm 
an Indian reservation even though the allotment had been patented. 
Said the court: 

Although made a citizen of the United States and of the State, it does not follow 
that the United States lost jurisdiction over offenses committed within the limits of 
the reservation. 



14 SUPPRESSION OF THE LIQUOR TRAFFIC AMONG INDIANS. 



The court further said: 

Notwithstanding the gift of citizenship, both the defendant and the murdered 
woman remained Indians by race, and the crime was committed by one Indian upon 
another and within the limits of a reservation. Bearing in mind the rule that the 
legislation of Congress is to be construed in the interest of the Indian, it may fairly 
be held that the statute does not contemplate a surrender of jurisdiction over an 
offense committed by one Indian upon the person of another Indian within the. limits 
of a reservation; at any rate, it can not be said to be clear that Congress intended 
by the mere grant of citizenship to renounce entirely its jurisdiction over the individual 
members of this dependent race. There is not in this case in terms a subjection of the 
individual Indian to the laws, both civil and criminal, of the State; no grant to him 
of the benefit of those laws; no denial of the personal jurisdiction of the United States. 

Following directly upon this came the decision of the United States 
Supreme Court in the Sutton case. Sutton was indicted in the United 
States district of Washington for introducing liquor upon an Indian 
allotment, the title to which was held in trust by the Government. 
The defendant demurred on the ground that under the Heff decision, 
referred to above, the United States had no police jurisdiction over 
an Indian allotment even though the title thereof was held in trust 
by the Government. The demurrer was sustained by the United 
States district judge, and an appeal was taken directly to the United 
States Supreme Court. The latter court decided (No. 312) that the 
district judge was in error, and that the Federal Government had 
police jurisdiction over an Indian allotment so long as the title thereof 
was held in trust by the United States. 

An important decision was also rendered by the United States 
district court for the district of Idaho, following up the logic of the 
decision of the United States Supreme Court in the Heff case. The 
treaty whereby the Nez Perce Reservation was opened for settle- 
ment contains the following clause: 

It is further agreed that the lands by this agreement ceded, those retained, and 
those allotted to the said Nez Perce Indians shall be subject for a period of twenty- 
five years to all the laws of the United States prohibiting the introduction of intoxi- 
cants into the Indian country, and that the Nez Perce Indian allottees, whether 
under the care of an Indian agent or not, shall, for a like period, be subject to all the 
laws of the United States prohibiting the sale or other disposition of intoxicants to 
Indians. 

In the case of the United States v. Dick (208 U. S., 340) it was 
decided that this treaty provision was valid, and that operations 
could be conducted in the territory covered thereby under sections 
2139 and 2140, Revised Statutes. Under this treaty last year our 
service closed all of the saloons in the Nez Perce Reservation. 

During the fiscal year 1910 we instituted a prosecution in the 
Federal court against Mamie Thomas, who had sold liquor to an 
allotted Nez Perce Indian in the city of Lewiston, Idaho, outside of 
the reservation. In this case the district court held that it still had 
certain police jurisdiction, under this treaty, over the person of 
the Indian, even though the sale took place outside of the Indian 
Reservation. 

We next instituted prosecution in the Federal court against Nelson 
T. Zumwalt, who sold to a Nez Perce Indian who had become a citi- 
zen, having received his patent in fee . The prosecution was conducted 
on the theory that even though the Indian had become a citizen, the 
Government did not lose certain police jurisdiction, under the treaty, 
until the expiration of 25 years. The court sustained this contention, 
and Zumwalt, as well as Mamie Thomas, was convicted and punished. 



SUPPRESSION OF THE LIQUOR TRAFFIC AMONG INDIANS. 



15 



As I stated in my last annual report, the Legislature of the State 
of Washington, at my request, passed a law making it a felony to sell 
to any Indian who had as much as one-eighth Indian blood. In the 
case of the State of Washington v. Mamlock, the validity of this act 
was attacked on the theory that the same was class legislation and a 
violation of the fourteenth amendment to the Constitution of the 
United States. The trial court sustained the demurrer, raising this 
contention, but appeal was taken to the supreme court of the State, in 
which the decision of the trial court was overruled and the law 
sustained. 

STATE LEGISLATION. 

For the most part, this service has had the hearty cooperation of 
State and local authorities in preventing the selling of liquor to 
Indians. This disposition on the part of local authorities has 
increased rapidly as the local benefits of such a policy became appar- 
ent. All of the States that have an Indian population of any extent 
now have in force on their statute books laws prohibiting the selling 
of liquor to Indians. Four of the States, Minnesota, Nebraska, 
Nevada, and Utah, make this offense a felony. The other States 
make it a misdemeanor. The following are the enactments of the 
States and Territories : 

ARIZONA. 

Every person who sells or furnishes, or causes to be sold or furnished, intoxicating 
liquor to any Indian or habitue or common drunkard, is guilty of a misdemeanor. 
(Penal Code, par. 361.) 

CALIFORNIA. 

Every person who sells or furnishes, or causes to be sold or furnished, intoxicating 
liquors to any habitual or common drunkard or to any Indian is guilty of a misde- 
meanor. (Sec. 397, Penal Code, approved March 9, 1903.) 

COLORADO. 

Every tavern keeper or other retailer of spirituous liquors who shall barter, sell, or 
exchange any wine, rum, gin, brandy, whisky, or other spirituous liquors to any com- 
mon drunkard, and every person, whether tavern keeper or not, who shall sell, barter, 
or exchange any wine, gin, brandy, whisky, or other spirituous or mixed liquors to 
any Indian or Indians in the State, shall, on conviction, be fined in the sum of fifty 
dollars for each offense. (Sec. 1347, Mills Annotated Statutes, p. 941.) 

No retailer of spirituous liquors, or other person or persons, shall sell or otherwise 
deliver to any Indian or Indians, within the boundaries of this State, any spirituous 
liquors, under penalty of fifty dollars for every such offense; the one-half thereof for 
the use of the county wherein the offense is committed, and the other half for the per- 
son informing. (Sec. 2836, 2, Mills Annotated Statutes.) 

FLORIDA. 

That any person who shall sell, give away, dispose of, exchange, or barter any malt, 
spirituous or vinous liquor, including beer, ale, and wine, or any ardent or other intoxi- 
cating liquor of any kind whatsoever, or any essence, extract, bitters, preparation, 
compound, composition, or any article whatsoever under any name, label or brand, 
which produces intoxicatioon, to any Indian or half or quarter breed Indian in this 
State, shall upon conviction thereof be sentenced to a term of imprisonment for not 
more than one year, or a fine of not less than one hundred dollars, nor more than one 
thousand dollars, or both such fine and imprisonment in the discretion of the court: 
Provided, That this act shall not prevent the administration of whisky or other liquor 
by or on the prescription of any reputable physician. (Laws of Florida, 1905, chap. 
5443, No. 72, sec. 1.) 



16 



SUPPRESSION OF THE LIQUOR TRAFFIC AMONG INDIANS. 



IDAHO. 

Every person who sells or furnishes, or causes to be sold or furnished, intoxicating 
liquors to any Indian is guilty of a misdemeanor. (Revised Statutes (1877), sec. 6929-) 

IOWA. 

If any person give, sell, or dispose of any spirituous or intoxicating drink to any 
Indian within this State, he shall be fined not exceeding two hundred dollars or be 
imprisoned in the county jail not exceeding one year, or both. (Iowa Code, sec. 5001.) 

KANSAS. 

All sales for beverage purposes prohibited. 

MICHIGAN. 

(37) Sec. 5391. — Sec. 13. It shall not be lawful for any person, except a druggist, who 
shall be governed by section 2 of this act, to sell, furnish, or give any spirituous, malt, 
brewed, fermented, or vinous liquors, or any beverage, liquor, or liquids containing 
any spirituous, malt, brewed, fermented, or vinous liquor, to any minor, to any intoxi- 
cated person, nor to any person in the habit of getting intoxicated, nor to any Indian, 
nor person of Indian descent, nor to any person forbidden * * *, The fact of 
selling, giving, or furnishing any in any place where intoxicating liquors are sold 
or kept, to any minor, or to any intoxicated person, or to any person in the habit 
of getting intoxicated, or to any Indian, or person of Indian descent, etc., * * * 
shall be prima facie evidence of an intent * * * to violate the law. 

(42) Sec. 5396. — Sec. 18. Any person who shall violate any of the provisions of 
the five preceding sections shall be deemed guilty of a misdemeanor, and upon con- 
viction thereof shall be punished as provided in section seven of this act. (Prescott: 
Liquor Laws of Michigan, Revision of 1907.) 

MINNESOTA. 

The sale of such liquor at any time or place, except by a licensed pharmacist, as 
aforesaid, is illegal * * * to any person of Indian blood. (Revised Laws of 
Minnesota (1905), sec. 1534.) 

Whoever sells or in any way furnishes liquor to any person of Indian blood, whether 
a member of any tribal organization or not, except hereinabove provided in case of 
a licensed pharmacist, shall be guilty of a felony, and shall be punished by impris- 
onment in the State prison for not more than two years and a fine of not more than 
$300. (Revised Laws of Minnesota (1905), sec. 1560.) 

MONTANA. 

Every person who sells or gives intoxicating liquors to persons who are in the habit 
of getting drunk or intoxicated, or of drinking intoxicating liquors to excess, after 
being notified of such habit or knowing the same, or who sells or gives intoxicating 
liquors to a minor, or to an Indian, is liable to damages to any person who is injured 
thereby in money, property, or means of support, and in addition thereto is guilty 
of a misdemeanor. (Revised Statutes (1905), sec. 5411, p. 32.) 

NEBRASKA. 

Any person who shall sell, give, or furnish, under any pretext whatsoever, any malt, 
spirituous or vinous liquors or any intoxicating drinks of any kind, to any Indian, of 
whole or mixed blood, shall be deemed guilty of a felony, and upon conviction therefor 
shall be fined not less than two hundred (200) nor more than one thousand (1,000) 
dollars, or be imprisoned in the penitentiary for a term of not less than two (2) years 
nor more than five (5) years, and shall pay the costs of prosecution which may result 
in said fine or imprisonment. (Session laws, 31st sess. (1909), sec. 7160.) 

NEVADA. 

Sec. 1. After the passage of this act it shall be unlawful for any person to sell, barter, 
give or in any manner dispose of any ardent, spirituous, or malt liquors, or any intox- 
icating liquors, liquids, drugs, or substances whatsoever to any Indian within this 
State; and any such person or persons so unlawfully disposing of such intoxicants 



SUPPRESSION OF THE LIQUOR TRAFFIC AMONG INDIANS. 



17 



within this State to an Indian who is not a ward of the Government of the United 
States shall be deemed guilty of a felony, and upon due conviction thereof, before any 
court of competent jurisdiction, shall be fined in any sum not less than five hundred 
dollars nor more than one thousand dollars, or be imprisoned in the State prison of 
the State of Nevada for a term not less than one year nor more than five years, or by 
both such fine and imprisonment, in the discretion of the court. 

Sec. 2. Any person or persons who shall within this State so unlawfully dispose 
of such intoxicants, as set forth in section one of this act, to any Indian who shall be 
a ward of the Government of the United States, and for such offense the Government 
has enacted, or may hereafter enact, laws against, with punishments therefor, may 
be arrested by any qualified officer of this State (county, township, or city), and deliv- 
ered to the United States authorities, for punishment under the laws of the United 
States. Upon such arrest the arresting officer shall immediately notify the nearest 
proper United States official (United States commissioner, United States district 
attorney, or United States marshal, for the district of Nevada) that such offense has 
been committed and that the offender has been so arrested, and shall request such 
United States officials, so notified, to take charge of such offender, to be prosecuted 
under the laws of the United States. Such arresting officer shall hold and detain, or 
cause to be held and detained, such offender in the same manner as holding and 
detaining other offenders against the laws of the State or city for a reasonable length 
of time, to enable the authorities of the United States to respond to such notification 
and request, and to take charge of the offender; and upon request of a proper United 
States official, the State or local authority having him in charge shall at once deliver 
the offender into the custody of such United States official, to be proceeded against 
under the laws of the United States, and shall furnish him with all information and 
evidence he may possess for the prosecution of the offender. The term "ward of the 
Government of the United States," for the purpose of this act, shall be construed to 
mean any Indian over whose tribe or person the Government of the United States 
assumes any superintendency, guardianship, or wardship, whether the same arise 
from Government Indian reservations, holding lands in allotment, or from any other 
cause. 

Sec. 3. The holding of such offenders to answer before a United States court, by a 
proper United States authority, or the conviction of such offender in a United States 
court, shall be considered sufficient warrant for his arrest and detention by such State 
or local officer or officers, and upon or after such holding to answer, on conviction, such 
State or local officer or officers making and causing such arrest and detention of such, 
offenders set forth in section two of this act shall be entitled to receive from the county 
wherein such offense was committed the same fee, in the same manner, for such arrest, 
and all actual expenses which he or they necessarily incurred in such arrest and 
detention, as he or they would receive under the State laws were such an offender 
to be prosecuted under the laws of the State. All such fees and expenses may be 
included in his or their usual bills presented against the county for official services. 
(Compiled laws, sec. 4655.) 

NEW MEXICO. 

It shall be unlawful for any person to sell, barter, exchange, dispose of, or give 
away, directly or indirectly, any spirituous, malt, vinous, fermented, or other intoxi- 
cating liquors to any Indian under charge of any superintendent or agent, including 
Pueblo Indians, within the Territory of New Mexico. Any person violating any of 
the provisions of this section shall be deemed guilty of a misdemeanor, and shall be 
punished by a fine of not less than fifty dollars ($50.00) nor more than one hundred 
dollars ($100.00) and shall be imprisoned in the county jail not less than thirty days 
nor more than ninety days; and shall forfeit his license for the sale of intoxicating 
liquors and the right to obtain the same for a period of two years. (Laws of New 
Mexico (1907), chap. 88, sec. 1.) 

NEW YORK. 

Sec. 30. No corporation, association, copartnership, or person, whether taxed under 
this act or not, shall sell or give away liquors to * * * any Indian. (laws of 
N. Y. (1896), vol. 11, p. 72 (Raines Law).) 

NORTH CAROLINA. 

All sales for beverage purposes prohibited. 
S. Doc. 767, 61-3 2 



™ TTT , t TdunT? TRAFFIC AMONG INDIANS. 
18 SUPPRESSION OF THE LIQUOR TKA±*i^ 



NORTH DAKOTA. 

All sales for beverage purposes prohibited. 

OKLAHOMA. 

All sales for beverage purposes prohibited. 

OREGON 



If any person shall, without *. a^hority^f f w ff^ 

ized officer thereo , sell, barter <*giv. to a ^ ^ for whateV er, or any spmfr 

associates with Indians any f ^DersoTupon conviction thereof, shall be pun- 
nous, malt, or. vmous liquor, such .P e ^ ^ less than two months nor more than 

ished by imprisonment .m the county jail not^ ^ five hundred dollars . (Bal . 
six months, or by a fine notles man 01 
linger and Cotton's Code and Statutes, voi. i, b« 



SOUTH DAKOTA. 



TEXAS 



a any person shall sell, give or barter or « 
spirituous P vinous or Jj^ 1 ^ nor more than one hundred dollars, 

territory, he shall be fined not ^ ™ n /|^ 12 , 1858).) 
(Wilson's Criminal Statutes, art, 399 (act oireu. , 



UTAH 



4298 Disposing of liquors to Indians . ^ 

or to any person living or cohabiti^ the state p n SO n for a 

and upon conviction shall be punished ^ ^pr Qr by ^ 

periodof not more' than three yeare , or by a |^^ vation penalty. It shall be 
P 4299. Sale of liquor withm te V^Cte^L of an Indian reservation, except 
unlawful to sell intoxicating ^^^^XlftiSg the provisions of this section 
in incorporated cities or towns. Any ^P^^K 0 r imprisoned in the county jail 
shall upon conviction be ^XlT^^S^V^^ and a11 SUCh fineS -£S? 

(Compiled Laws of Utah (1907).) 

WASHINGTON . 

That any person who shall sell, give away, dtoo* ^of, 
Jit spWtnons, or vinons ^eomwlion or ^j 'Se^haLever under an^ 
bitters, preparation, compound, composi no n, M Indian, either of Ue 

name/label, or brand which produces ^xicano n to y^ ^ ^ tMe totbt 
whole or mixed blood to whom allotment ci lano ^ ° ^ gtat or t0 any India o 
Tame shall be held in trust by *^ e ^ r 'S of the United States, under 
the whole or mixed blood, a ward of the (rtve rnme ^ ^ 1(j Qr Cl 



of the whole or mixea oioou, ? " t „«~en.t or any Indian of the wnoie o 
the charge of any Indian superintendent or ^agent or any departments, 
blood over whom the Government of the United States tnro § j or t0 any 

superintendent, or agent «f^Z^^<A,^t^^^'«^' b ^f 
Trftian of the whole or mixed blood the subject 01 any » » Indian what- 

soever or a mixed-blood Indian being ^^^^n Jhe Penitentiary for a period 
of a felony and punished <^*£g^gffi$Z& in the /aunty jail not 

gloSrb^^^^ code - - 62380 

RD 12.8 



Afi3 



SUPPRESSION OP THE LIQUOR TRAFFIC AMONG INDIANS. 



19 



WISCONSIN. 

No person shall sell, barter, give, or in any manner dispose of any intoxicating 
liquor to any Indian or to any mixed-blood Indian, except civilized persons of Indian 
descent not members of any tribe; and every person so offending shall for each offense 
be punished by a fine not exceeding one hundred dollars or by imprisonment in the 
county jail not exceeding three months, or both. (Wisconsin Statute (1898), sec. 
1567.) 

WYOMING. 

Any person who shall sell, barter, or give away any spirituous or intoxicating 
liquor to any Indian or Indians, shall be deemed guilty of a misdemeanor, and shall 
be fined in any sum not more than one thousand dollars, to which may be added 
imprisonment in the county jail for any period not more than six months. (Wyoming 
Statutes, sec. 4974.) 

RECOMMENDATIONS. 

There is some cloubt as to the legal status of the officers of this 
service. The fact that live of our deputies have been killed in the 
performance of their duty suggests that the work is an unusually 
hazardous one. For this reason I regard it as important that the 
status of these officers should have some legal definition. In the 
Indian appropriation act for 1908 (34 Stat. L., 1017) the powers of 
Indian agents, subagents, and commanding officers of military posts 
on Indian reservations were conferred upon myself and duly author- 
ized deputies. This applies only to reservations. Inasmuch as the 
bulk of troubles claiming our attention takes place in towns and 
country districts surrounding and outside of the reservations, it is 
desirable that some general definition of our authority and duties in 
this service be provided. 

The powers of a United States deputy marshal are twofold: First, 
he is empowered to serve processes of the court; second, he is given 
the general power of a sheriff in the State where he operates. 

I do not desire the powers of a deputy marshal to serve processes 
of court. That is properly the work of the Department of Justice. 
It would, however, be helpful to our officers if we could have the 
powers of a sheriff, which are given to United States marshals and 
their deputies by law. It would give our officers the protection of 
a legal status. As it stands we are legally up in the air. I there- 
fore suggest a provision similar to the following, which would give 
our officers the same status as marshals and their deputies, except 
the power to execute the processes of court: 

The Secretary of the Interior is authorized to appoint a chief special officer for 
the suppression of the liquor traffic and crime among Indians and such regular special 
officers as may be deemed necessary, and the chief special officer shall have author- 
ity to appoint such deputies as he may find from time to time to be necessary. The 
chief special officer, the special officers, and deputies shall have in each State^ or 
Territory the same powers in executing the laws of the United States as the sheriffs 
and their deputies in such States may have by law in executing the laws thereof. 

During the year our resources have been insufficient to do any 
work whatever in Florida and Michigan. We have been compelled 
to neglect much-needed operations in North Carolina, South Dakota, 
and North Dakota. In Montana, Nevada, Arizona, and northern 
California there are a considerable number of reservations and a large 
number of Indian settlements, where we had numerous calls for help 
to which we were unable to respond nrany way. 



20 SUPPRESSION" OF THE LIQUOR TRAFFIC AMONG INDIANS. 

The vigorous war which we have waged upon this traffic has had a 
twofold effect upon the offenders: First, the casual class has been 
almost entirely driven out of the traffic in those territories where our 
resources have enabled us to operate. There has remained, however, 
the professional criminal, who is far more elusive than the ordinary 
saloon keeper, and to capture whom requires a much larger expendi- 
ture of time and money. We have succeeded in sending 49 of these 
offenders to the penitentiary during the year. The task of ferreting- 
out these crimes in thousands of Indian settlements, scattered over a 
territory 3,000 miles long, involves much expenditure of time and 
traveling expenses. 

The policy of the Government in allotting lands to the Indians, 
which allotments are held in trust by the Government and which are 
not subject to local taxation, while beyond question the proper pro- 
cedure, has resulted in much reluctance on the part of local authori- 
ties to entertain Indian cases, especially cases of stealing Indian 
property, trespass, and other outrages upon Indians. This reluc- 
tance is quite general in new counties, where the local public treas- 
uries are empty. I can usually induce local officers to act provided 
we will go to the expense of working up the evidence in the cases. 
In only a few counties the local authorities absolutely refuse to con- 
sider any Indian cases whatever, on the ground that the Indians are 
not taxpayers. This is taken in some places as carte blanche for 
thieves to steal Indian live stock. 

I have taken up a number of these cases where liquor was involved 
and have several men serving time in the penitentiary on charges of 
horse or cattle stealing. There has been an increasing pressure on 
the part of superintendents for me to take up cases of this character, 
which I do not feel warranted in handling under our present 
appropriation. 

I therefore recommend that the scope of our activities be enlarged 
to enable us to deal with other forms of crime among Indians. The 
appropriation for 1912 should read "To enable the Commissioner of 
Indian Affairs, under direction of the Secretary of the Interior, to 
suppress the liquor traffic and crime among Indians." To enable us 
to do this effectively will require an appropriation of $100,000. 

In this connection, I wish to express my hearty appreciation for the 
cordial support that has been given this service by the Indian Office in 
Washington, by the Indian field officers, and by the various United 
States attorneys throughout the country. Without such support and 
without the "team" work which grows out of such cooperation, the 
results attained could not have been accomplished. 
Very respectfully, 

William E. Johnson, 

Chief Special Officer. 

The honorable Commissioner of Indian Affairs, 

Washington, D. C. 



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Deacidified using the Bookkeeper process. £ 
Neutralizing agent: Magnesium Oxide 
Treatment Date: March 2010 

PreservationTechnologies 

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